NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. jail appeal has been filed by the accused appellant Narayan S/o Pratap, resident of Gangapura, District Bhilwara to challenge the judgment dated 25.9.2008 passed by the learned Addl. Sessions Judge No.1, Bhilwara in Sessions Case No.20/2007 whereby the accused appellant was convicted for offence under Section 302 and 397 IPC.

(2.) AS per the brief facts of the PW -5 Goverdhan Lal, the brother of deceased Ratni filed a written complaint (Ex.P/5) on the spot where the body of the deceased Ratni was lying in the agricultural field of the family of complainant in the village Araniya in which it is stated that his family they are 2 brothers and one sister Ratni. Today on 23.8.2007 after taking vegetables from agricultural field, I went to the market from house, at that time, his sister Ratni was in the house but at about 9.00 9.30 a.m. his uncle Pokar came and asked that body of sister Ratni, aged about 32 years is lying in his agricultural field. Upon the said information, the complainant Goverdhan Lal and his uncle Pokar rushed to the place of occurrence where they saw that body of his sister Ratni was lying on earth and in her neck one Lumadi (Cloth) was there and it was appearing that she died due to throttling and the sliver rings (Kadiya) were not found but no apparent injury was found upon her body. It was apprehended by the author of the FIR that some unknown person has killed his sister who was married with Mangi Lal of village Rewada but her husband deserted her for the reason that she was not mentally fit.

(3.) UPON above complaint, the SHO, Police Station Gangapur registered an FIR No.237/2007 under Section 302/379 IPC and commenced investigation. The Investigating Officer prepared site plan and took the body of Ratni in possession for the purpose of post mortem and after completing all the formalities on site took the body of Ratni to the hospital for post mortem. Certain photographs of site were also taken. In the investigation, the statements of prosecution witnesses were recorded under Section 161 Cr.P.C. and after arresting the accused appellant Narayan, brother of Ratni recovered 2 silver rings (Kadiya) as per his information which were wearing by the deceased Ratni at the time of occurrence took place. The police filed charge -sheet against the appellant for offence under Section 302 and 397 IPC on the basis of recovery of silver rings (Kadiya) as per his information so also, on the basis of evidence of last seen.